Maryland Appeals Court Got It Wrong with Its Recent Assault Case

As a defense attorney in Maryland, I understand the serious nature of assault charges and the potential impact they can have on individuals’ lives. Each case is unique, and it is crucial to approach them with careful consideration and a thorough understanding of the law. Recent events, such as the controversial decision by the Maryland Appellate Court upholding a conviction for second-degree assault, highlight the importance of a strong defense strategy. The case involved the application of lesser-included offenses and raised questions about the boundaries of prosecutorial power.

As an advocate for my clients, I strive to protect their rights and ensure they receive a fair and just legal process, particularly when facing assault charges in Maryland’s complex legal landscape.

This is what wrongful conviction looks like to me

The Maryland Appellate Court recently upheld the conviction of Tia Love for second-degree assault, stating that the charge was implicitly included in the more serious assault offense initially brought against her. Love was convicted after an incident at a store where she allegedly shouted at another customer and became confrontational with a store employee. When police arrived, Love resisted arrest and kicked an EMT. The original charges included a felony count of assault on a law enforcement officer, which also covered the EMT. However, Love was ultimately convicted of a misdemeanor, simple second-degree assault, as a lesser-included offense.

The decision has sparked controversy because Love’s defense argued that the lower-level assault charge should not have been offered to the jury since it was not explicitly included in the statement of charges. They believed the prosecution introduced a new theory of guilt for an offense. Critics argue that the decision expands the prosecutorial power by allowing charges not explicitly included in the original accusation. They believe that the prosecution should be limited to the wording of the charges in the charging document.

On the other hand, the court justified its decision by stating that all elements of the lesser charge were encompassed within the original felony offense. They emphasized that the victim, an EMT, still had the generic right not to be assaulted, even if she was not specifically identified as such in the original charges. However, the controversy lies in the potential for prosecutors to introduce additional charges not explicitly stated in the initial accusation, raising concerns about due process and fair notice to the defendant.

So let’s be real clear: this is malarkey. You try the case based on the charges you bring. That’s Law 101. If the prosecutors wanted to try her for misdemeanor assault, they could’ve put that option on the table. They didn’t. They went with felony assault.

As a defense lawyer, this worries me. Because the chances are that Love’s decision NOT to plead, and to go to court over this case, may have been based on the fact that her lawyer said “They can’t win this based on this charge.” Her decision may have been different if the option for a plea deal for a misdemeanor was on the table.

I’m not saying you should go around kicking EMTs. You shouldn’t go around kicking anyone. But when people whine about “advocacy from the bench,” this is what they should be talking about. The rules are the rules.

What are the penalties for an assault conviction in Maryland?

In Maryland, the penalties for different types of assault vary depending on the severity of the offense and the specific circumstances involved. Here is an overview of the penalties for some common types of assault charges in Maryland:

• Assault in the First Degree. This is the most serious assault charge in Maryland and involves intentionally causing or attempting to cause serious physical injury to another person. It is considered a felony offense and carries a maximum penalty of up to 25 years in prison.
• Assault in the Second Degree. This charge encompasses a range of assault offenses, including causing physical injury to another person with intent, engaging in offensive physical contact, or acting in a way that creates a reasonable fear of imminent bodily harm. Second-degree assault can be classified as a misdemeanor or a felony, depending on the circumstances. The penalties can include imprisonment for up to 10 years for a felony and up to 10 years in prison or a fine of up to $2,500 for a misdemeanor. Simple assault is seen as a part of second-degree assault.

We should note that these penalties are not exhaustive, and there may be additional factors and circumstances that can affect the specific penalties imposed in assault cases. Additionally, the presence of aggravating factors, such as prior criminal history or the use of a firearm, can lead to enhanced penalties.

It’s important to consult with an experienced Annapolis criminal defense attorney if you or someone you know is facing charges of assault in Maryland. An attorney can help assess the specific circumstances, develop a strong defense strategy, and advocate for the best possible outcome, which may include negotiating for reduced charges or seeking alternatives to incarceration.

What collateral damage will I face if convicted of assault?

An assault conviction can carry with it some heavy collateral damage that extends beyond the direct criminal penalties. These collateral damages can impact different areas of your life and may include:

• Criminal Record. A conviction for assault will result in a permanent criminal record. This record can be accessed by employers, educational institutions, and other parties conducting background checks. Having a criminal record can make it challenging to secure employment, housing, or obtain professional licenses.
• Employment Opportunities. With a criminal record for assault, you may face difficulties in finding employment, especially in fields that require background checks or involve working with vulnerable populations. Employers may be hesitant to hire individuals with a history of violence, limiting your job prospects.
• Professional Licenses. Depending on the nature of the assault conviction and your intended profession, certain professional licenses may be affected or denied. Some professions, such as law enforcement, healthcare, and teaching, have strict background check requirements that may pose obstacles for individuals with assault convictions.
• Education. If you are a student or planning to pursue higher education, a criminal record for assault can affect your admission prospects or eligibility for certain scholarships, grants, or educational programs. Some institutions may have policies that prohibit the enrollment of individuals with violent criminal histories.
• Personal Relationships. A conviction for assault can strain personal relationships, including family, friends, and romantic partners. It may lead to loss of trust, strained relationships, or social stigma.
• Firearm Ownership. Depending on the severity of the assault conviction, individuals may face restrictions or prohibitions on owning or possessing firearms. Maryland has specific laws regarding firearm possession for individuals convicted of certain violent offenses.

It is important to remember that each case is unique, and the collateral consequences can vary depending on the specific circumstances of the assault conviction. Consulting with a knowledgeable criminal defense attorney is crucial to understanding the potential collateral damages you may face and to explore possible legal avenues to minimize the impact of a conviction.

If you are ever charged with assault, or find yourself in a similar situation as Tia Love’s, note that my team at Drew Cochran, Attorney at Law will fight for your right to a fair and just trial. Whether they are misdemeanor or felony assault charges, the specific details of your case are crucial in determining the most suitable approach. As your defense attorney, I thoroughly review the police records and take the initiative to conduct an independent investigation. This involves exploring all available evidence and questioning witnesses to build a strong defense strategy on your behalf. By carefully examining the physical evidence and conducting comprehensive interviews, I ensure that no stone is left unturned. With a diligent and prepared approach, I ask the tough questions and utilize critical thinking to develop an effective defense strategy tailored to your case.

To schedule an appointment to discuss your options, call me in Annapolis, or use our contact page. My dedicated team and I proudly serve the people of Annapolis and Ellicott City.

And remember – Keep Calm, and Call Drew.